Does a flat leaseholder have a duty to upgrade their front door to current fire safety regulations?

[Guest Peter Scott]

Current legislation requires freeholders or their appointed managers to carry out fire safety audits of blocks of flats. These audits commonly find that front doors to flats are not compliant with current Building Regulations. However, building regulations only apply to new buildings. Is there any legislation which confirms a duty upon leaseholders to upgrade the front doors of the flats, if they do not meet current standards?

[AnthonyB]

It's nothing to do with Building Regulations which wouldn't apply to an existing building not undergoing alterations - it's a fire safety legislation issue

A proper Fire Risk Assessment will determine to what standard the doors need to be - depending on the size and layout of the block older standard fire doors are fully acceptable if still in working condition.

The amended Fire Safety Order includes flat front doors, windows and external structure as the responsibility of the freeholder or RMC to assess and ensure are adequate for the risk. Doors that aren't to the appropriate standard must be remediated, usually at the cost of the flat in questions owner and the freeholder/TMC is expected to ensure this is done with an expectation for them to resort to civil legal action or enforcement action via the local authority if needed.

[Guest Sean from beestom]

My Nan has lived in her flat for 27 years, while a council Tennant permission was requested and gained to replace her front door about 20 years ago, about 2 years ago we bought the property from the council, they have sent someone to measure up the front door and are going to replace it with a heavier more fire resistant door, we were unaware this was going to happen, they say a new door will soon be fitted. Can they recharge us for this door, they have not given us the opportunity to get the door replaced ourselves even though it’s our own door they are removing and replacing. And if they do re charge us it really worries me what they will charge us, they have a reputation for charging leaseholders top price for everything. 
what is anything can we do to prevent exhaustion by them.

 

many thanks

 

sean 

[AnthonyB]

First Tier Tribunal - challenge the necessity for the door being changed - most flat fire door replacements are not required to meet the functional requirements of the law and the guidance (which has special status such that if you follow it you tend to be deemed compliant if someone alleges there is an issue)

However you need to establish that the current doorset meets the requirements applicable to the block - the minimum standard being based on age, layout & height of the  block.

This note reinforces that wholesale replacement is often not required - https://www.gov.uk/government/publications/fire-safety-england-regulations-2022-fire-door-guidance/fire-safety-england-regulations-2022-fire-door-guidance